Former President Donald Trump is keen to give a portion of his closing arguments at his New York fraud trial this Thursday.
Trump’s Legal Maneuver
Interestingly, despite Trump’s absence of legal expertise and the presence of his defense attorneys, state civil procedure rules allow him to do so, pending the judge’s approval.
Decision Awaited
As of Tuesday night, New York Supreme Court Justice Arthur Engoron is yet to decide if Trump can participate in the closing arguments, according to a trial insider.
Self-Representation Request
Under New York’s Civil Practice Law and Rules, a plaintiff or defendant is not permitted to represent themselves in court without the court’s consent. Alina Habba, Trump’s attorney, and his spokesperson have not yet responded to inquiries about his request.
Will Trump Surprise the Court?
Veteran New York City attorney Ron Kuby points out that while “hybrid representation” is more usual in criminal trials, it’s quite rare in civil cases. Kuby joked that the judge might just allow it, quipping, “Judge Engoron may well simply say, ‘Go ahead. You cannot possibly do more damage to yourself than you’ve already done.'”
Minimal Risk
Kuby added that there’s minimal risk for the judge in allowing Trump’s request, emphasizing, “He’d never be reversed on appeal over this.”
The Rules Trump Must Follow
In the role of delivering closing arguments, Trump would have to adhere to the same standards as an attorney. “They can only argue what the evidence has shown, what the evidence has not shown, and what reasonable inferences can be drawn from the evidence,” Kuby explained, referring to pro-se defendants.
Kuby humorously added, “The defendant can’t just sit up there and shriek until the judge hits them with a rolled-up newspaper.”
Promise to Behave: Judge Asks Trump
Judge Engoron initially expressed openness to Trump’s request to speak, on the condition that he adhered to the standards set for attorneys’ closing arguments. Specifically, Engoron required Trump to commit not to attack his opponents in the case, the judge, or other court system members.
“Is anyone surprised anymore?”
However, Trump’s legal team objected to these restrictions, arguing they unjustly silenced him. They did not accept these conditions by the judge’s Wednesday deadline.
“Is anyone surprised anymore?” Trump’s attorney Alina Habba commented, following Engoron’s conclusion that Trump was not consenting to the limitations and therefore would not be addressing the court.
Uncommon Practice in NYC Trials
Career New York City trial attorney Michael Farkas described a defendant participating in their lawyer’s closing arguments as “highly unusual.” Still, he acknowledged, based on his background as a retired military judge, that ‘it’s not against the rules.
Tough Choice?
“And Judge Engoron would be hard-pressed to deny such a request,” Farkas said. “Otherwise, it may blow back on him” in an appeal “as potential prejudice against Trump.”
The Final Chapter Nears
The closing arguments mark the final stage before a verdict in New York Attorney General Letitia James’ nearly six-year probe into Donald Trump and his Trump Organization, based in Manhattan.
Accused of Decade-Long Conspiracy
The investigation alleges that Trump, along with long-standing executives of the Trump Organization, engaged in a decade-long conspiracy to artificially inflate his net worth by more than two billion dollars a year in reports to lenders and insurers.
$370 Million in Question
James has urged Judge Engoron to compel Trump and his co-defendants to return $370 million in what her office describes as profits acquired through illegal means, including savings on interest, profits from property sales, and severance packages to the co-defendants involved in the scheme.
Witch Hunt Accusation Continues
Throughout the proceedings, Trump has consistently denied any fraudulent activity, denouncing the Attorney General’s investigation and the now almost three-month-long trial as a politically motivated witch hunt.
Judge Engoron has committed to delivering a verdict by the end of the month.
Pre-Trial Legal Setback
In a pre-trial finding, the judge already concluded that Trump, his two eldest sons, former CFO Allen Weisselberg, and former comptroller Jeff McConney were involved in fraud by overstating Trump’s financial worth.
Trump’s Legal Fate Hangs on Verdict
The impending verdict will reveal if Trump and his five co-defendants are additionally responsible for conspiring to violate state document fraud laws and the extent of the financial penalties they may face.
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